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1. Adlam v Niao - Matata Parish 39A 2A Ahu Whenua Trust [2018] Māori Appellate Court MB 478 (2018 APPEAL 478) [pdf, 277 KB]

   ...meaning of the statutory scheme .and one which is necessary if charging orders over Māori land are to have practical effect. [29] We are reinforced in this view by the terms of ss 83 and 342 of the Act. When read in context, s 82 is part of a carefully constructed statutory regime which modifies the extent of creditors’ remedies over Māori land interests. Section 82 allows Māori land interests to be the subject of a charging order. Section 83 provides for the appointment of a rec...

2. MBL v Shadforth [2016] NZIACDT 37 (3 August 2016) [pdf, 205 KB]

   ...ensure that appropriate standards of conduct are maintained in the occupation concerned. [21] The statutory purpose is achieved by considering at least four factors that materially bear upon maintaining appropriate standards of conduct: [21.1] Protecting clients: section 3 of the Act states that “[t]he purpose of this Act is to promote and protect the interests of consumers receiving immigration advice ...” [21.2] Demanding minimum standards of conduct: Dentice v Valuers Registrati...

3. Napier v Registrar of the Real Estate Agents Authority [2019] NZREADT 7 (25 Feb 2019) [pdf, 264 KB]

   ...the right of the media to report proceedings fairly and accurately as surrogates of the public. They also accepted, as a starting point, the need to take into account and recognise and apply the purposes of the Act, including the promotion and protection of the interests of consumers. [7] Mr McAnally submitted for Mr Napier that publication of the Tribunal’s substantive decision would give life to matters that are increasingly historical, would add nothing to what is already k...

4. LCRO 146/2019 AC v CJ (12 March 2020) [pdf, 146 KB]

   ...cover. Had Ms CJ been aware of the amount of legal fees that would be incurred as a result of her own actions, and which were ultimately being paid by her, matters would have been resolved a lot earlier. The express purposes of [the Act] include protection of the consumers of legal services and maintaining public confidence in the provision of 2 Standards Committee determination at [28]–[37]. 3 LCRO 272/2012 at [35]. 6 legal ser...

5. [2024] NZEnvC 143 Cooper v Kaipara District Council [pdf, 857 KB]

   ...(b) the formation of an internal private roading network and associated stormwater management infrastructure; (c) the creation of a 20m wide esplanade reserve and strip; (d) the provision of approximately 39ha of environmental benefit through the protection and enhancement of stream and riparian margins and bush habitats (to be protected for perpetuity by way of private land covenants and consent notice conditions); and (e) the provision of approximately 16ha of amenity enhancement and...

6. CAC301 v Murphy [2015] NZREADT 42 [pdf, 211 KB]

   ...enter the property until some more significant testing had been done. The indicative test told him that there was methamphetamine present at the property and he immediately noticed a very strong smell of that when entering it. He was dressed in full protective clothing comprising a suit, a mask, and breathing apparatus. He observed that whether or not there might be an aroma from methamphetamine could be related to whether the property had been shut up or ventilated prior to entry. [3...

7. Peni v Pahi — Tiroa E Block and Te Hape B Block (2010) 1 Waikato Maniapoto MB 25 (1 WMN 25) [pdf, 148 KB]

   ...have to seek removal of the trustee by the Court. The fact that a clause in the trust order allows a trustee to be employed is not to say that the employment of a trustee in particular circumstances is best practice. The trustees need to think carefully each time they have to involve this clause. The clause is commonly inserted to allow payment of professional trustees such as lawyers and accountants whose knowledge of the trust’s affairs means the legal and accounting affairs...

8. MZ v Sun [2019] NZIACDT 12 (4 March 2019) [pdf, 261 KB]

   ...recorded on the application form. When he received confirmation that the application had been completed as dictated by him, he reviewed the documents and lodged the application. It is therefore not correct to suggest that he did not exercise due care and diligence. 10 Statutory Declaration of complainant, 28 July 2014, at 3 of translation. 11 At 1, 2 & 3 of translation. 11 [54] Mr Sun accepts he did not have direct contact with...

9. Van Wey Lovatt v Health New Zealand (Strike-Out) [2023] NZHRRT 37 [pdf, 202 KB]

   ...compensation for that alleged breach. [46] There is a distinction between the matters which are addressed by each of Rules 5 and 8. Rule 5 relates to the storage and security of health information. It requires an agency to ensure that information is protected by such security safeguards as are reasonable in the circumstances to take against access, use, modification or disclosure, except with the authority of the agency. [47] Rule 8 relates to a requirement to ensure that the accu...

10. MacGregor v Craig (Rescission of Confidentiality Orders) [2016] NZHRRT 23 [pdf, 225 KB]

    ...circumstances which had led her to abandon her original “no publication” position in favour of the full publication for which she now argued were related to the four proceedings to which Mr Craig, not Ms MacGregor, is a party. In her view the protection afforded by the Tribunal’s interim orders has been overtaken by those proceedings because in them Mr Craig is once more publishing confidential and private information about her for the purpose of attempting to repair his own reputa...